Sopp v. State

84 So. 3d 395, 2012 WL 966636, 2012 Fla. App. LEXIS 4572

• Court: District Court of Appeal of Florida
• Decided: March 23, 2012
• Docket: 5D11-2341
• Status: Published

Opinion

PER CURIAM.

Tina Lynn Sopp appeals from judgments and sentences for possession of oxycodone, driving under the influence, providing a false name to a law enforcement officer, and driving while license suspended, challenging the denial of a dispositive motion to suppress evidence and challenging her drug possession conviction based upon the constitutional analysis in Shelton v. Secretary, Department of Corrections, 802 F.Supp.2d 1289 (M.D.Fla.2011).

We affirm as to the suppression issue without further comment, and reject the constitutional claim for the reasons expressed in Flagg v. State, 74 So.3d 138 (Fla. 1st DCA 2011). We certify that the same issue reviewed in this case is currently pending before the Florida Supreme Court in State v. Adkins, 71 So.3d 117 (Fla.2011). The mandate will be withheld pending final disposition of Adkins.

AFFIRMED.

MONACO, LAWSON and COHEN, JJ., concur.